Item 5. Other Information
ITEM
5.
OTHER
INFORMATION.
Not
applicable.
48
ITEM
6.
EXHIBITS.
Exhibit
Number
Description
10.1
Third
Amendment to Membership Interest Purchase Agreement dated as of April 15, 2020 by and among Pacific Ethanol Central, LLC,
Pacific Aurora, LLC and Aurora Cooperative Elevator Company (1)
10.2
Secured
Promissory Note (Negotiable) dated April 15, 2020 in the amount of $8,580,000 by Pacific Aurora, LLC in favor of Pacific Ethanol
Central, LLC (1)
10.3
Secured
Promissory Note (Non-Negotiable) dated April 15, 2020 in the amount of $7,920,000 by Pacific Aurora, LLC in favor of Pacific
Ethanol Central, LLC (1)
10.4
Assignment
of Notes and Deeds of Trust dated April 15, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and CoBank,
ACB (1)
10.5
Partial
Release of Collateral Letter dated April 15, 2020 by Pacific Ethanol, Inc. and its Subsidiaries named therein, and CoBank,
ACB (1)
10.6
Partial
Release of Collateral Letter dated April 15, 2020 by Pacific Ethanol, Inc. and its Subsidiaries named therein, Cortland Products
Corp., and the Noteholders named therein (1)
10.7
Promissory
Note dated April 29, 2020 in the amount of $5,973,138 by Pacific Ethanol, Inc. in favor of Bank of America, NA (2)
10.8
Promissory
Note dated May 1, 2020 in the amount of $3,886,729 by Pacific Ethanol Pekin, LLC in favor of Bank of America, NA (2)
10.9
Security
Agreement dated May 5, 2020 by Pacific Ethanol Pekin, LLC in favor of Cortland Products Corp. as collateral agent for the
Noteholders identified therein (3)
10.10
Note
Amendment No. 6 dated May 26, 2020 by and among Pacific Ethanol, Inc. and the Noteholders identified therein (4)
10.11
Second
Amendment to Amended and Restated Employment Agreement for Neil M. Koehler dated May 22, 2020 by and between Pacific Ethanol,
Inc. and Neil M. Koehler (4)
31.1
Certifications
Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
Act of 2002 (*)
31.2
Certifications
Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
Act of 2002 (*)
31.3
Certifications
Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
Act of 2002 (*)
32.1
Certification
of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (*)
101.INS
XBRL
Instance Document (*)
101.SCH
XBRL
Taxonomy Extension Schema (*)
101.CAL
XBRL
Taxonomy Extension Calculation Linkbase (*)
101.DEF
XBRL
Taxonomy Extension Definition Linkbase (*)
101.LAB
XBRL
Taxonomy Extension Label Linkbase (*)
101.PRE
XBRL
Taxonomy Extension Presentation Linkbase (*)
(*) Filed
herewith.
(1) Filed
as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
and Exchange Commission on April 21, 2020.
(2) Filed
as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
and Exchange Commission on May 7, 2020.
(3) Filed
as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
and Exchange Commission on May 11, 2020.
(4) Filed
as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
and Exchange Commission on May 29, 2020.
49
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
by the undersigned thereunto duly authorized.
PACIFIC ETHANOL, INC.
Dated: August 13, 2020
By:
/S/ BRYON T. MCGREGOR
Bryon T. McGregor
Chief Financial Officer
(Principal Financial and Accounting Officer)
50
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.